困境与出路:在中国传统文化与民主法治之间

Puzzle-dom and Way-out between Chinese Traditions and Democratic Legal System

现代意义上的法治作为一种治国方式、社会控制模式以及价值系统,不仅强调国家通过法律来控制社会,而且也强调国家本身受法律的支配。但作为西方文明产物的法治有着深厚的西方文化基础,体现出人权、民主、平等的文化精神;而中国传统文化并不具备民主法治的文化精神。因此,本文从中国传统文化入手,探讨了我国法治进程中应正视和思考的几个问题。

Modern legal system refers to ways of managing state affairs and patters of controlling society and its value, which not only focuses on governing the state through laws, but also means state itself being subject to laws. Legal system, born from western civilization, has its cultural foundation and embodies spirits of human rights, democracy and equality, which are different from those in China. The paper discusses several considerations on the course of Chinese legal system, starting from Chinese traditions.